HB 1515

1
A bill to be entitled
2An act relating to the City of Orlando Firefighter Pension
3Fund, Orange County; amending chapter 23444, Laws of
4Florida, 1945, as amended; providing definitions of "legal
5guardian" and "guardians of said issue"; clarifying the
6amount of certain disability pension; providing that
7surviving spouses and other beneficiaries are entitled to
8cost of living increases upon the death of eligible
9firefighters; approving ordinances enacted by the City of
10Orlando concerning the firefighter pension plan;
11incorporating applicable federal and state laws into the
12firefighter pension plan; providing that sections 112.60-
13112.67, Florida Statutes, prevail in the event of any
14conflict; providing that the act is contingent upon a
15collective bargaining agreement; providing retroactive
16effect; providing effective dates.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Section 2 of chapter 23444, Laws of Florida,
211945, as amended by chapters 73-573 and 2000-448, Laws of
22Florida, and by City of Orlando Ordinance 33874, enacted June
2318, 2001, is amended to read:
24     Section 2.  Employees included.
25     Members of said Fire Department shall be construed as
26including all officers and firefighters regularly employed in
27said department, and whose employment shall be regular and
28continuous and not of a temporary character, provided, however,
29the secretaries, stenographers and switchboard operators shall
30not be covered by the provisions of this Act. For the purpose of
31this Act the term "widow" shall include widower; the term "wife"
32shall include "husband"; the term "mother" shall include
33"father"; reference to the masculine pronoun shall include the
34feminine and vice versa; the term "issue" shall include a
35member's natural and adopted children as well as children in
36gestation; and the terms "legal guardian" or "guardians of said
37issue" shall include a court-appointed guardian of the property
38of said issue or a trustee of a trust of which said issue is a
39beneficiary. Further provided that members who are DROP
40participants will no longer be participants in this fund, nor
41eligible for any benefits hereunder.
42     Section 2.  Section 9 of chapter 23444, Laws of Florida,
431945, as amended by City of Orlando Ordinance 0801141004,
44enacted January 1, 2008, is amended to read:
45     Section 9.  Permanent disability pension; in line of duty.
46     Any active member of the fire department who shall become
47permanently and totally disabled, if the disability is directly
48caused by and attributable to the performance of duty as a
49member of the department, shall be entitled to a pension of a
50monthly sum of 80 percent of the member's average monthly
51salary; provided, however, a member who has completed 40 years
52of credited service shall be entitled to receive an additional 2
53percent over the 80 percent for each year of credited service in
54excess of 40 years of credited service but not to exceed 100
55percent money equivalent to that sum of money which said member,
56whether or not properly qualified, would have been entitled to
57elect as a monthly pension for twenty-five (25) years of service
58under amended Section 12 of this act. The phrase "permanently
59and totally disabled" shall be construed to mean and include the
60loss of one or more limbs, loss of sight in one or both eyes,
61loss of hearing in one or both ears and any other condition
62which renders the member unfit to perform the required duties of
63the member's rank held at the time of impairment. Upon the death
64of the member on said disability pension provided in this
65section, benefits shall be paid as follows:
66     (1)  If a member has not elected and started receipt of the
67Section 34(1)(a) life with ten (10) years certain form of
68payment, or the Section 34(1)(b) life only form of payment, or
69the Section 34(1)(c) joint pensioner form of payment, benefits
70shall be paid pursuant to Section 14, "Benefits Payable Upon
71Death of Member", to the surviving spouse and issues under the
72age of eighteen (18), or dependent parents, and Section 35, "10
73Year Certain Guarantee", if applicable.
74     (2)  If a member has elected and started receipt of the
75Section 34(1)(a) life with ten (10) years certain form of
76payment and the member has not received 120 monthly payments,
77then benefits otherwise payable to the member shall be paid
78pursuant to Section 32, "Beneficiaries", for the remainder of
79the 120 monthly payments beginning on the first day of the month
80immediately following the member's death regardless of the age
81of the deceased member. If the firefighter makes this election,
82no benefits shall be paid pursuant to Section 14(5)(b) or
83Section 14(5)(d) to the surviving spouse, issue in being under
84the age of eighteen (18), or dependent parents. Provided
85however, the firefighter may designate as beneficiaries the
86surviving spouse, issue in being under the age of eighteen (18),
87or dependent parents to receive the remainder of the 120 monthly
88payments.
89     (3)  If a member has elected and started receipt of the
90Section 34(1)(b) life only form of payment, no further payments
91shall be made upon the death of the member.
92     (4)  If a member has elected and started receipt of the
93Section 34(1)(c) joint pensioner form of payment, benefits shall
94be paid as provided therein.
95
96Notwithstanding anything that may be to the contrary in this
97act, at age forty-seven (47), a member then receiving benefits
98under this section may make the election provided in Section
9912(1) or Section 12(2) as the case may be and Section 18, all of
100this act (Laws of Fla. ch. 23444(1945), as amended) in the
101manner therein specified, provided he is qualified by length of
102service prior to the disability and provided he makes the
103election within the thirty-day period after reaching age forty-
104seven (47). If the election is exercised in favor of the
105pension, the pension shall be based only on service and salary
106earned prior to the date of disability. If the election is
107exercised, all of the member's rights and the rights of the
108member's surviving spouse and issue, and dependent parents under
109Section 14 shall cease.
110     Section 3.  Subsection (2) is added to section 19 of
111chapter 23444, Laws of Florida, 1945, as amended by chapter
1122000-448, Laws of Florida, to read:
113     Section 19.  Cost of living increase.
114     (2)  Those persons who are eligible to receive monthly
115retirement benefits upon the death of a firefighter who was
116eligible for cost of living increases pursuant to chapter 88-
117518, chapter 89-459, or chapter 2000-448, Laws of Florida, shall
118upon the death of the firefighter receive the appropriate
119percentage of the firefighter's monthly retirement benefit,
120including the percentage of cost of living increases previously
121awarded, and shall receive future percentage cost of living
122increases at the same time the deceased firefighter would have
123received the cost of living increases but for the death of the
124firefighter. The cost of living increases percentage previously
125received by the firefighter and the cost of living increases
126percentage awarded after the firefighter's death shall be
127applied to such person's monthly retirement benefit.
128     Section 4.  City of Orlando Ordinance 33723, enacted April
12916, 2001, relating to tax qualification of the plan under the
130Internal Revenue Code, City of Orlando Ordinance 33874, enacted
131June 18, 2001, and City of Orlando Ordinance 0801141004, enacted
132January 1, 2008, relating to minimum benefits and minimum
133standards required by chapter 99-1, Laws of Florida, are hereby
134approved, ratified, validated, and confirmed, and shall be
135considered part of chapter 23444, Laws of Florida, 1945, as
136amended.
137     Section 5.  Section 26 is added to chapter 23444, Laws of
138Florida, 1945, as amended, to read:
139     Section 26.  Applicable federal and state laws.
140     (1)  The applicable provisions of federal and state law now
141existing or as they may exist in the future are incorporated
142herein by reference, except for provisions of applicable law
143which are permissive or not preemptive and not authorized
144herein. The board of trustees is hereby authorized to adopt
145written rules setting forth the specifics of applicable
146mandatory provisions of federal and state laws as they now exist
147or may exist in the future. Applicable mandatory provisions of
148federal and state laws include, but are not limited to, the
149following:
150     (a)  Applicable provisions of the Internal Revenue Code,
151including, but not limited to, ss. 401(a)(17) and 415 of the
152Internal Revenue Code.
153     (b)  The Uniformed Services Employment and Reemployment
154Rights Act, chapter 43 of Title 38 U.S.C., relating to military
155service.
156     (c)  Chapter 61, Florida Statutes, including, but not
157limited to, income deduction orders.
158     (d)  Section 112.18, Florida Statutes, concerning
159presumptions for certain conditions relative to disability.
160     (e)  Section 112.181, Florida Statutes, relating to special
161provisions relative to certain communicable diseases.
162     (f)  Section 112.3173, Florida Statutes, relating to
163forfeiture of retirement benefits.
164     (g)  Part III of chapter 112, Florida Statutes, relating to
165the Code of Ethics for Public Officers and Employees.
166     (h)  Part VII of chapter 112, Florida Statutes, the Florida
167Protection of Public Employee Retirement Benefits Act.
168     (i)  Section 112.661, Florida Statutes, relating to
169investment policies.
170     (j)  Chapter 119, Florida Statutes, relating to public
171records.
172     (k)  Section 175.071, Florida Statutes, relating to the
173general powers and duties of the board of trustees.
174     (l)  Section 175.195, Florida Statutes, relating to false,
175misleading, or fraudulent statements made to obtain public
176retirement benefits.
177     (m)  Section 175.221, Florida Statutes, relating to lump-
178sum payment of small retirement income.
179     (n)  Section 175.231, Florida Statutes, relating to the
180presumption that certain diseases of firefighters were suffered
181in the line of duty.
182     (o)  Section 175.241, Florida Statutes, relating to
183exemption from tax and execution.
184     (p)  Subsections 215.47(1)-(8), (10), and (16), Florida
185Statutes, concerning authorized investments.
186     (q)  Section 286.0105, Florida Statutes, relating to
187notices of meetings and hearings.
188     (r)  Section 286.011, Florida Statutes, relating to public
189meetings.
190     (s)  Section 286.012, Florida Statutes, relating to voting
191requirements.
192     (2)  To the extent that any provisions of chapter 23444,
193Laws of Florida, 1945, as amended, conflict with sections
194112.60-112.67, Florida Statutes, or to the extent that any
195provision of chapter 23444, Laws of Florida, 1945, as amended,
196would result in the loss of tax exempt status of the City of
197Orlando Firefighter Pension Fund, the Board of Trustees is
198hereby delegated the authority to adopt by rule changes to
199chapter 23444, Laws of Florida, 1945, as amended, in order to
200comply with said laws, which rules shall have the force of law
201and shall be considered part of chapter 23444, Laws of Florida,
2021945, as amended.
203     Section 6.  This act is only an enabling act and is
204contingent upon contractual agreement through the collective
205bargaining process between the City of Orlando and the
206respective certified bargaining agent for firefighters employed
207by the City of Orlando.
208     Section 7.  This section shall take effect upon becoming a
209law; section 1 shall take effect July 1, 2008; section 3 shall
210be effective retroactive to July 1, 1988; sections 2 and 4 shall
211be effective retroactive to January 1, 2008; and sections 5 and
2126 shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.